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HomeMy WebLinkAbout2000-03-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:03 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Councilman Robert A. Spiegel IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Acting Assistant City Manager Rachelle D. Klassen, Acting City Clerk Carlos L. Ortega, RDA Executive Director Gary Bitterman, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Gregg Holtz, Engineering Manager V. ORAL COMMUNICATIONS - A MR. JEFF HUNTER, Co-owner of Ron's Towing, Palm Desert, asked whether the City Council intended to address the towing issue at this meeting, as he noted there was nothing on the agenda for such. Mayor Crites explained that the matter was listed as an item of Closed Session consideration for discussion with the City Attorney at that time. Upon question, Mr. Hunter said he would prefer to withhold his remarks on the issue until after the City Attorney had commented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With Council concurrence, Mayor Crites suspended the Agenda at this point in order to consider Item XV, Awards, Presentations, and Appointments. Please see that portion of the Minutes for discussion and action. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 24, 2000, and the Adjourned City Council Meeting of February 25, 2000. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 40, 41, and 40PD Office Complex. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Kruder Enterprises for Napas Tapas, 73-900 El Paseo, No. 2, Palm Desert. Rec: Receive and file. D. CITY INVESTMENT PORTFOLIO SUMMARY for the Month Ending January 31, 2000. Rec: Receive and file. E. MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meeting of January 19, 2000. 2. Civic Arts Committee Meeting of January 10, 2000. 3. Investment & Finance Committee Meeting of January 26, 2000. Rec: Receive and file. F. RESOLUTION NO. 00-22 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that Have Been Microfilmed (October 1999). Rec: Waive further reading and adopt. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. REOUEST FOR APPROVAL of the Transfer of 1999 Juvenile Accountability Incentive Block Grant Funds to the Riverside County Probation Department. Rec: Waive further reading and adopt Resolution No. 00-23, transferring said funds in the amount of $5,190. H. REOUEST FOR APPROVAL of Contract for the Purchase of Citywide Office Supplies (Contract No. C17370). Rec: By Minute Motion, approve the subject contract with Office Depot for one year with two possible one-year extensions. I. REOUEST FOR AWARD OF CONTRACT for Design Services for Renovation of Landscape Along San Pablo Avenue and Fred Waring Drive Frontages of Palm Desert City Hall and Parkview Office Complex (Contract No. C 17380). Rec: By Minute Motion: 1) Approve the proposal from Ray Lopez Associates, Palm Desert, California, for design of the subject project in the amount of $13,900 -- funds are available in Account No. 110-4611-453-3320; 2) authorize the Mayor to execute the agreement. J. REOUEST FOR APPROVAL of Contract for Entertainment at the Desert Willow Clubhouse Grand Opening (Contract No. C17390). Rec: By Minute Motion, approve the subject contract with Henry Prego/PMG Entertainment, Palm Desert, California, in the amount of $1,000 for the event on March 29, 2000, and authorize the Mayor to execute same. K. REOUEST FOR APPROVAL of Contract for the 2000 Summer of Fun Movie Series (Contract No. C17400). Rec: By Minute Motion, approve the subject contract with Live Oak Audio Visual in the amount of $8,886 and authorize the Mayor to execute same. L. REOUEST FOR APPROVAL of Change Order Nos. 2 and 3 to Contract No. C16000 -- Consolidated Landscape Maintenance District No. 6. Rec: By Minute Motion, approve Change Order Nos. 2 and 3 to the subject contract with Garza Landscaping, Inc., Indio, California, in the total amount of $6,275 -- $1, 875 is available in Account No. 299-4374-433-3320 and $4,400 is available in Account No. 110-4610-453-3370. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C16820 -- Consolidated Landscape Maintenance District No. 5. Rec: By Minute Motion, approve Change Order No. 1 to the subject contract with Enviable Greens, Palm Desert, California, in the amount of $1,100 -- funds are available in Account No. 110-4610-453-3371. N. REOUEST FOR APPROVAL of the Reduction of Subdivision Improvement Security for Tract Map 28658 (Westwind Development, Applicant). Rec: By Minute Motion, accept the subject subdivision improvements as complete and authorize the City Clerk to reduce the amount of the subdivision improvement securities to ten percent (10%) of their value as maintenance security for a one-year maintenance period. Upon a motion by Councilman Spiegel, second by Councilmember Benson, and unanimous vote of the City Council, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS A. RESOLUTION NO. 00-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE §§ 21000 ET SEQ.). Mr. Diaz stated the subject resolution was a routine, annual amendment to the CEQA Guidelines to implement and be consistent with those of the State. Councilman Kelly moved to waive further reading and adopt Resolution No. 00-24. Motion was seconded by Councilman Spiegel and carried by unanimous vote. IX. ORDINANCES For Introduction: None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 937 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, TO CHANGE THE ZONE FROM R-3 (MULTIFAMILY RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL) FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF ALESSANDRO DRIVE AND SAN JACINTO AVENUE (73-950 ALESSANDRO DRIVE) Case No. C/Z 99-12 (Niall F. Saunders, AIA, for Craig Rosenblum, MD, Applicant). Mr. Diaz reported there had been no changes to the ordinance since its introduction and adoption was recommended. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 937. Motion was seconded by Councilman Kelly and carried by unanimous vote. X. NEW BUSINESS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, DENYING A REQUEST TO STORE A RECREATIONAL VEHICLE IN THE FRONT YARD AT 77-260 INDIANA AVENUE Case No. RV 99-9 (Frank Proulx and Dixie Martin, Applicants). Mayor Crites noted that the Council had received a request to withdraw the appeal without prejudice. Mayor Pro-Tem Ferguson moved to, by Minute Motion, accept the Applicant's request to withdraw his appeal. He then noted that he'd spoken with the Applicant earlier today to be sure it was understood that once the appeal was withdrawn, the Architectural Review Commission decision would become final, declining him the ability to park his RV there and that the words "without prejudice" did not change the result at all, which he said Mr. Proulx understood. vote. Councilmember Benson seconded Mayor Pro-Tem Ferguson's motion, and it carried by unanimous B. REQUEST FOR APPROVAL OF ART MAINTENANCE CONTRACT. Councilman Spiegel moved to, by Minute Motion: 1) Approve a 12-month art maintenance contract with Expert Metal Refinishing, Palm Desert, California, and authorize the Mayor to execute same (Contract No. C17410); 2) appropriate funds in the amount of $24,637.44 from the Art In Public Places Maintenance Fund, Account No. 240-4650-454-3372, for same. Motion was seconded by Mayor Pro-Tem Ferguson and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS None XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies None 2. Progress Report on Desert Willow Clubhouse Facility None B. CITY MANAGER None C. CITY ATTORNEY Mr. Erwin requested, at an appropriate time, consideration of the items listed on this and the Redevelopment Agency Agendas for Closed Session discussion and to add an item for such discussion that had arisen following posting of the Agenda: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 118 acres at 75-500 Country Club Drive, Palm Desert, CA Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: John Morrisette Under Negotiation: x Price x Terms of Payment Councilman Kelly moved to, by Minute Motion, add the aforementioned property negotiation to the City Council Agenda for Closed Session consideration. Motion was seconded by Mayor Pro-Tem Ferguson and carried by unanimous vote. 1) Request for Closed Session: 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 73-000 Fred Waring Drive, Palm Desert, CA 92260 Negotiating Parties: Agency: Ramon A. Diaz/City of Palm Desert Property Owner: Desert Community College District Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Denise Oakley and Denise Weller v. City of Palm Desert, United States District Court - Central District of California, Case No. 99-07432MMM b) City of Palm Desert v. Mary English Lloyd and Juan M. Armenta, Riverside County Superior Court Case No. INC 006499 c) City of Palm Desert v. Juan M. Armenta, et al., Riverside County Superior Court Case No. INC 014067 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 4 2) Renort and Action on Items from Closed Session Made at This Meeting. With Council concurrence, Mayor Crites recessed Closed Session at 5:40 p.m. in order to allow City Attorney Erwin to announce the following action taken with regard to the City's Towing Policy. Upon unanimous vote of the City Council, the City's Towing Policy was amended with the following conditions to be imposed upon the towing operator: 1) Operator must obtain/possess a current City of Palm Desert Business License; 3) operator must have a storage lot within the City of Palm Desert for impounded vehicles; 3) operator must conduct business at the Palm Desert lot during normal business hours for this type of activity so that all transactions and retrieval of impounded vehicles may be easily conducted by affected parties; 4) enforcement officers are to provide a copy of the policy to affected parties at the time the notice of impound is issued; 5) existing towing policy with the aforementioned modifications to become effective immediately. Mayor Crites immediately reconvened Closed Session following the announcement. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CITY CLERK Mrs. Klassen reminded Councilmembers that they had scheduled a meeting for the purpose of conducting a Closed Session for Public Employment evaluations on Monday, March 20, 2000, at 10:00 a.m. and to adjourn this meeting to that time. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for Funding the McCallum Theatre Institute's "Open Call" 2000 (Councilman Robert A. Spiegel). Councilman Spiegel stated the McCallum Theatre requested he ask the City Council to add consideration of funding the subject event to this Agenda. Councilman Spiegel moved to add consideration of the McCallum Theatre Institute's request to this Agenda. Motion was seconded by Mayor Pro-Tem Ferguson and carried by unanimous vote. Councilman Spiegel went on to say it would be the second annual event, with finals to be held on June 4. He said it was for Coachella Valley residents to perform on stage at the McCallum, winners being able to perform in the Civic Center Park, and the request was for $10,000. Councilmember Benson moved to, by Minute Motion, approve the subject request in the amount of $10,000. Motion was seconded by Councilman Kelly and carried by unanimous vote. o City Council Committee Reports: 1. College of the Desert Men's Tennis Team (Councilman Robert A. Spiegel). Councilman Spiegel said he'd received a letter from Coach John Marman announcing that the Men's Tennis Team would be playing Yale University Saturday, March 11, at noon at Monterey Country Club. 2. Salton Sea Environmental Impact Report (Mayor Buford A. Crites). Mayor Crites provided his colleagues with copies of the subject report, which he said was somewhat of an executive summary guide. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION TO FORMER COUNTY OF RIVERSIDE FIRE CHIEF TAMES M. WRIGHT (Continued from the meeting of February 24, 2000). Mayor Crites presented a framed proclamation to present Riverside County Fire Chief Larry Benson on behalf of former Chief Wright. Chief Benson expressed his appreciation for the recognition, noting that there was to be a formal going -away party for Chief Wright on April 8 where he would be pleased to personally present Palm Desert's proclamation. He went on to note the fine relationship the Fire Department enjoyed with the City, including his own initial years, of the 29 he'd been with the Department, when he was assigned to the old station on El Paseo. He remarked that the Eastern Division was the County Fire Department's largest, and he commended Chief McLaughlin for his leadership of it. On behalf of the City Council, Mayor Crites extended the City's appreciation to the entire Fire Department for the fine work it does in the community. XVI. PUBLIC HEARINGS None 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. ADJOURNMENT With City Council concurrence, Mayor Crites adjourned the meeting to Closed Session at 4:17 p.m. At 5:40 p.m. a recess of the Closed Session was taken in order for City Attorney Erwin to make an announcement which is recorded under Item XIII C-2, Report and Action on Items from Closed Session Made at this Meeting. He immediately reconvened Closed Session thereafter. With City Council concurrence, Mayor Crites reconvened the meeting at 6:40 p.m., with no further action being announced from Closed Session, and immediately adjourned to Monday, March 20, 2000, at 10:00 a.m. for a Joint Meeting of the City Council/Redevelopment Agency for the purpose of conducting a Closed Session. ATTEST: °""?:( BUF A. CRITES, MAYOR RACHELLE D. KLASSEN, ACTING CITY CI -IRK CITY OF PALM DESERT, CALIFORNIA 10